There is a certain amount of embarrassment that just automatically goes along with facing an Indecent Exposure or Aggravated Indecent Exposure charge. Because I handle more Indecent Exposure (IE) cases than just about anyone, at least in the Detroit area (Wayne, Oakland and Macomb County), where I practice, I know this well, having sat across the table from clients facing these charges more times than I can count. Beyond having developed an expertise in handling these cases, I have also honed a special skill in handling the clients who have to deal with these charges through the criminal court system. Some of this is attributable to my background: after earning my undergraduate degree in psychology and then going through law school, I also completed a post-graduate program in addiction studies, a rather specialized area within the broader field of psychology, and one where there is always some psycho-pathology at issue. I understand that an IE case can result from some underlying stress or trouble a person may be experiencing (and about which he may not be consciously aware), but I also know that these incidents can just “happen.” Not everything about a case has be a big deal, and my job is make sure that, to the extent possible, we keep it that way in yours.
An interesting thing happened the week this article was written. In the course of meeting with a new IE client, his explanation for what led to his arrest involved circumstances a bit different from what I usually hear. It wasn’t the uniqueness of his case that struck me, but the fact that, within my office, no one even thought to ask about it. In other words, this poor guy came in, understandably embarrassed, even though he didn’t need to be, and because my staff and I see so many of these cases, neither my senior assistant, my paralegal, nor my associate attorney so much as asked what happened in his case. Once he left, my staff took his information and contacted the court where it is pending and made sure all the paperwork, including the request for the police report, was properly and quickly filed. To everyone on our end, his case was no big deal; in fact, it was just another day at the office.
Feelings of embarrassment are normal, and expected, really, but they are also useful in assessing whether a person is a risk to re-offend. Here, I kind of have to split myself in two and look at this both from the clinician’s point of view, and also from the perspective of a defense lawyer who knows how to best resolve these matters. I’ve read countless clinical assessments in these cases – some completed by court-order, others undertaken at my suggestion to help in a case (and for what it’s worth (and this it’s no great secret that a savvy lawyer would do this) if an assessment done privately comes back and is not helpful to the case, it will never see the light of day), and they can be impressive in their use of scholarly language. At the end of the day, though, the part of the assessment everyone looks to is the prognosis about whether the person is likely to engage in such behavior again, or not. And sometimes, when the Judge believes the person has been embarrassed enough, it can be enough to put any such questions to rest.